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Council opens review of Right-of-Way ordinance; discussion continued to July 22
Summary
City Attorney Ruben Cleaveland introduced a draft Right-of-Way ordinance that would replace franchise contracts and distinguishes pass-through from access fees; councilors asked whether pipelines and resident pass-throughs would be covered and agreed to resume discussion July 22, 2026.
City Attorney Ruben Cleaveland opened a preliminary review of a draft Right-of-Way (ROW) ordinance at the May 27 meeting, saying the ordinance would replace the city's current franchise agreements for utilities.
"The council has the choice to use the ROW ordinance or keep the franchise contract as it is now," Cleaveland said, describing two fee types in the draft — pass-through fees and access fees. He clarified the draft ordinance applies to utilities, not broader land uses.
Councilors pressed for details. Councilor Kathy Peck asked for clarification on how a pass-through fee would work, and Councilor Mike Foreaker asked whether the ordinance would include pipelines should one be proposed through city limits. Councilor Randy Bechtol raised a concern that utility companies might pass any new fees on to residents.
Cleaveland responded that the council could choose to adopt the ordinance or retain existing franchise contracts and emphasized that the current draft is framed for utilities. No vote was taken; council members agreed to continue discussion and technical review at the council's July 22, 2026 meeting.
The ROW proposal could affect future utility franchises, the structure of local fees, and how the city negotiates access with telecommunications or energy providers. Councilors requested additional detail on fee structures and any limits on pass-through charges before final consideration.
